Kerala High Court
Arun Paul vs State Of Kerala on 12 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
BAIL APPL. NO. 2663 OF 2024
CRIME NO.14/2024 OF KATTOOR POLICE STATION, THRISSUR
PETITIONER(S)/1ST ACCUSED:
ARUN PAUL,
AGED 28 YEARS
VALLOPARAMBIL HOUSE, KUTTADAMPADAM,
VALAVANANGADI DESOM, PADIYOOR VILLAGE, KERALA,
PIN - 680688
BY ADVS.
SARATH BABU KOTTAKKAL
AKSHAY PAVAN
ARCHANA VIJAYAN
RESPONDENT(S)/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682031
OTHER PRESENT:
ADV. SRI.K.M.FAIZAL, PUBLIC PROSECUTOR
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 12.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
B.A.NO.2663 OF 2024
2
ORDER
Dated this the 12th day of April, 2024 This is an application for regular bail under Section 439 of the Code of Criminal Procedure, 1973, filed by the 1st accused in Crime No.14/2024 of Kattoor Police Station, Thrissur, registered under Sections 341, 323, 324, 308, 447 and 506 read with Section 34 of the I.P.C.
2. The prosecution allegation is that, on 05.01.2024 at about 11.30 p.m., the petitioner along with the 2nd accused, criminally trespassed into the house of the defacto complainant due to their enmity towards his son, and assaulted the defacto complainant and his relatives using a knife. If he could not have evaded that blow successfully, it would have been turned fatal.
3. Heard learned counsel for the petitioner and learned Public Prosecutor.
4. Learned Public Prosecutor opposed the bail B.A.NO.2663 OF 2024 3 application.
5. Earlier bail application filed by the petitioner as B.A.No.1654/2024 was dismissed by this Court on 06.03.2024, on the ground that, recovery of the weapon used by the 1st accused was not effected. The 1st accused was arrested, and remanded to judicial custody on 17.02.2024. But so far, no petition has seen filed by the prosecution to get his custody for effecting recovery. So, now the prosecution cannot claim custody, since 15 days period is over after his remand.
6. Learned Counsel for the petitioner would submit that, the petitioner is ready to abide by any conditions imposed by this Court.
7. Hence, this Court is inclined to allow this application, on the following conditions:-
(i) The petitioner shall be released on bail on executing bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum to the satisfaction of the trial court.
B.A.NO.2663 OF 2024 4
(ii) The petitioner shall report before the Investigating Officer on alternate Saturdays, starting from 20.04.2024 between 10.00 a.m. and 11.00 a.m., for a period of three months, or till the final report is filed, whichever is earlier.
(iii) The petitioner shall not contact the defacto complainant or his family members, and shall not cause any kind of harassment to them either directly or indirectly.
(iv) The petitioner shall not influence or intimidate the witnesses or tamper with the evidence.
(v) The petitioner has to surrender his passport before the trial court at the time of executing the bond and if he is not having a passport, he has to file an affidavit to that effect.
(vi) The petitioner shall not leave the limits of State of Kerala without getting prior sanction from the trial court.
(vii) The petitioner shall not commit any offence while on bail.
B.A.NO.2663 OF 2024 5
(viii) In case of violation of the bail conditions, the trial court is empowered to cancel the bail in accordance with law.
Sd/-
SOPHY THOMAS JUDGE NB/12-4 B.A.NO.2663 OF 2024 6 APPENDIX OF BAIL APPL. 2663/2024 PETITIONER'S ANNEXURES:
ANNEXURE A1 THE TRUE PHOTOCOPY OF THE FIR IN CRIME 14/2024 OF THE KATTOOR POLICE STATION, THRISSUR ANNEXURE A2 A TRUE PHOTOCOPY OF THE ORDER IN CRL.M.P 1286/2024 DATED 21.02.2024 ANNEXURE A3 A TRUE PHOTOCOPY OF THE ORDER IN BAIL APPL. NO 1654/2024 DATED 06.03.2024 ANNEXURE A4 A TRUE PHOTOCOPY OF THE JUDGMENT IN S.C NO 356/2016 DATED 30.11.2021 ANNEXURE A5 A TRUE PHOTOCOPY OF THE JUDGMENT IN S.C NO 761/2015 DATED 27.07.2022 RESPONDENT ANNEXURES: NIL sTRUE COPY P.A. TO JUDGE